mattjeacock / iStockphoto.com The UK Intellectual Property Office (IPO) has upheld Jaguar Land Rover’s opposition to a “generic” trademark on the grounds of descriptiveness. It delivered its decision on Tuesday, July 3.
Rooftop Film Club, an organiser of “unique film experiences” in cities including New York and London, applied to register the trademark ‘Experience’ with the IPO in August 2016. The filing covered multiple classes (9, 16, 35, 38, 41, 42, 43, and 45) and cited goods and services including software, digital media, marketing services, and cinematic equipment.
In November 2016, Jaguar filed a notice of opposition and said the applied-for mark is a generic term which is widely used by third parties in relation to “entertainment/event based products and services”. The relevant public would understand the mark to provide “general information on the nature of the goods and services concerned”, Jaguar claimed, and therefore it “cannot perform its essential function in denoting commercial origin”.
Jaguar gave the example of experiential marketing services, which Rooftop’s applied-for mark covered in class 35. ‘Experience’ is descriptive of these services, Jaguar said, and the public would believe “without further reflection” that the mark relates to a characteristic of the goods and services.
Rooftop filed a counterstatement which denied the grounds of opposition, but the IPO said it failed to file evidence or attend the hearing. In its counterstatement, Rooftop denied that the applied-for trademark is non-distinctive and that consumers will perceive ‘Experience’ as a descriptive term. Read more from worldipreview.com…
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